Khosa v Minister of Social Development (Social Grants)

Introduction

Khosa v Minister of Social Development 2004 (6) SA 505 (CC) is a landmark judgment on the right of permanent residents to access social grants. The case addressed the intersection of the right to social security (section 27(1)(c)), the right to equality (section 9), and the rights of children (section 28). The Constitutional Court held that excluding permanent residents from social grant schemes was unconstitutional.

Facts

The applicants were permanent residents of South Africa who were denied social grants under the Social Assistance Act 59 of 1992, which limited eligibility to South African citizens. The applicants included elderly permanent residents denied old-age pensions, and permanent residents with children denied child support grants. They challenged the citizenship requirement as unconstitutional.

Legal Issues

The case raised the question of whether the exclusion of permanent residents from social grant schemes violated the right of access to social security (section 27(1)(c)), the right to equality (section 9), and the rights of children (section 28). The state argued that the distinction between citizens and permanent residents was rational and that resource constraints justified the limitation.

Judgment

The Constitutional Court, in a majority judgment written by Justice Mokgoro, held that the exclusion of permanent residents was unconstitutional. The Court found that the denial of social grants to permanent residents violated their right of access to social security and constituted unfair discrimination on the grounds of citizenship and, indirectly, ethnicity and national origin.

Reasoning

The Court held that the right of access to social security under section 27(1)(c) extends to “everyone,” not only citizens. The exclusion of permanent residents could not be justified under the limitation clause. While resource constraints were relevant, the state had not demonstrated that including permanent residents would impose an unreasonable burden. The Court emphasised the importance of human dignity and the vulnerability of the applicants.

Significance

Khosa is significant for several reasons. First, it established that the right of access to social security extends to all persons, not only citizens. Second, it confirmed that the right to equality protects against discrimination on the basis of citizenship status. Third, it demonstrated the Court’s willingness to scrutinise the state’s resource arguments in socio-economic rights cases. The case has had a lasting impact on the interpretation of social security rights.

Conclusion

Khosa v Minister of Social Development reaffirmed the Constitution’s commitment to the welfare of all persons in South Africa, regardless of citizenship status. The case established that permanent residents who contribute to the economy and society are entitled to the protection of social security rights. The judgment reflects the Constitution’s values of human dignity, equality, and social justice.